DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Drake Australia Pty Ltd
(AG2015/36)

DRAKE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 21 JANUARY 2015

Application for approval of the Drake Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Drake Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Drake Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2015. The nominal expiry date of the Agreement is 21 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Drake Australia Pty Ltd applied for the Fair Work Commission to approve the Drake Australia Pty Ltd Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for employees in the company. The Fair Work Commission heard the application, which was presided over by Deputy President D'Orsogna.

The legal issues that the Fair Work Commission needed to decide were whether the agreement met the requirements for approval under the Fair Work Act 2009, and if it provided for minimum entitlements and a safety net of rights for the employees. Specifically, the Commission had to determine if the agreement provided for a modern award and if it contained terms that were not contrary to the public interest.

The Fair Work Commission found that the agreement met the requirements for approval under the Fair Work Act. It provided for a modern award and contained terms that were not contrary to the public interest. The agreement also provided for minimum entitlements and a safety net of rights for the employees, including provisions for hours of work, overtime, penalty rates, and leave. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission made orders approving the Drake Australia Pty Ltd Enterprise Agreement 2015, subject to certain modifications. The modifications included changes to the provisions on shift loadings, weekend penalty rates, and shift differentials. The Commission also made orders for the agreement to be registered and published on the Fair Work Ombudsman website.

Drake Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established